PROPOSED FLAG AMENDMENT NEEDS CAREFUL ATTENTION

Only a few weeks ago, the world marked the 50th anniversary of the Allied victory over Fascist tyranny in World War II. But with the confetti barely swept off the streets of various European capitols, Congress seems on its way to ignoring a fundamental lesson from that conflict: that a society is stronger and more free when vigorous debate and avid disagreement are tolerated in the body politic, that a nation is best served when patriotism is based on faith, not on legislative fiat.

Shortly, the full House of Representatives will consider amending the Constitution by gutting the First Amendment to outlaw desecration of the American flag as an expression of political speech.

Nearly everyone abhors the destruction of the flag. It is a revered symbol that evokes our deepest, most personal feelings about our country. We are deeply offended when extremists use our flag to emphasize their disagreement with government.

But before taking action on a constitutional amendment to prohibit this expression of free speech, there are questions that must be asked.

First, what is the problem we seek to address? Indeed, just how pervasive is flag desecration? We've heard so much recently about the dissatisfaction people feel toward government. Newspapers and magazines have chronicled the anger various groups of citizens feel about particular government policies, from immigration to land-use programs. This discontent has been expressed in every possible way - through angry words on talk radio, through protest and civil disobedience and through the ballot box. But when did we last hear of a flag burning by even one person?

The fact is that the effort to pass this constitutional amendment is based on politics rather than policy. Flag desecration may be rare to the point of nonexistence, but laws banning flag desecration are always popular. So, if it get votes, why not amend the Constitution?

Because there are consequences for us and for our democracy.

First, the current proposal seeks -- for the first time -- to chip away at the guarantees contained in the Bill of Rights. Not once in the more than 200 years since those freedoms were established have we seen fit to tinker with these principles. Yet now we seem willing to go blindly down the path of restricting political speech that we find repugnant and distasteful.

This will dramatically change the course of American history -- all for a nonexistent problem.

There are serious problems facing our nation that demand Congress's attention. From economic concerns to violence in our streets to questions of race, our nation is faced today with myriad challenges that will determine the shape of the future society we will all share. These problems involve difficult choices, shared sacrifice and real commitment. As long as leaders posture over who reveres the flag the most, none of this "real" work will go forward.

As a veteran of both World War II and Korea, my own feelings about the flag remain forever strong. My feelings about the principles of freedom and democracy which the flag represents remain even stronger. Millions of men and women who have put themselves in harm's way in the service of this nation have done so to ensure that the rights assured in the Constitution will be available to ourselves, to our children and to our grandchildren. We have an obligation to protect that legacy.

There may be votes in banning the desecration of the flag. But there are principles that are worth more -- much more -- than votes in the next election. It is these principles that are enshrined in our flag. Congress should stop and reflect on this fact before attempting to amend the Constitution.

George E. Bushnell Jr. is president of the American Bar Association.